Tuesday, June 14, 2011

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If I renew my H1B can I avoid visa stamping by using the AP travel document.

I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?

Thanks to all for the responses.

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a_yaja

10-05 11:07 PM

yep .. that was my thinking. Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

So am looking for documentation on what the exact rules are related to an EAD. Any weblinks on this?

I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.

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CaliGC

06-14 09:02 PM

Friends,

Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.

can you please let us know some details. I am in the same situation. Nov2004, EB3, I140 approved and I485 applied.

1. what happens to the present ead, after filing the new I140. 2.After I140 do we have to apply for new I485?

It took almost 3 months to get the approval. Key points: 1. USCIS does not accept I-140 PP as the original Labor approval is not included. 2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file. 3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

Hope it helps....Good luck

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anishNewbie

09-11 11:38 AM

@vsuri , @prasadn, @eb2_mumbai

Thanks guys for sharing your exp.. this is what i was talking about.. it gives me some confidence starting my GC...Any1 out there please share your experience on EB2 filed as MS + 0

Could you guys tell me that ur advertisement/job requirements -- had any alternate education in it..like BS +5 as per the norm..

If yes, then it would be gr8.. if u can have a look at ur LC/9089 form and let us all EB2 aspirants know that..what did you specify in your H section..at 4(as min requirements-- MS or BS +5) and what as alternate requirements(8-A,C)

Did any of you guys, or any1 here had to prove Business Necessity when they filed EB2..

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DPP once again, I am sad that we did not get to meet yesterday. Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.

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sandy_anand

01-24 09:38 AM

Annual Report of the Visa Office for 2010 has been released here...

Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.

Is it risky or inviting a risk by taking infopass apt. ?

Do you think I should have waited ?

please reply if anyone have any idea.

Thank you,

I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.

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NIW

08-31 12:24 PM

Just Ignore him. He thinks foreign workers are cheap labor. My wife recently got Outstanding Resident physician award in a huge urban hospital where she competed with 100% bright and talented American MDs.

Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form). Als one more thing "Which USCIS Office?" section which date I need to put there.

I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.

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Tshelar

11-11 08:35 AM

I am guessing you are only worried about the original degree getting lost in this process. Worst case scenario you can always get another one issued from the university. Send a covering letter mentioning that you want the Original Degree certificate returned to you or your attorney. Self Addressed envelop wouldn't hurt. Transcripts you would be anyway getting from the university in a sealed envelop that you would need to send it to the USCIS. I am guessing USCIS is trying to follow a similar process as any U.S college admission process.

If you can't able to wait for the AP to come...Then give a shot to the local USCIS office...and get an emergency AP...you can get it in oneday...But you need a valid document to show as it's a emergency travel to India....probably a document from India...

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sankap

07-13 11:28 AM

I'm not sure if Indian citizens are eligible to apply for an investment visa here...

I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

Can this create an issue while IO is working on my 485 application?

Have you gone out of the country and came back to USA on H1B visa after that ? If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).

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eb3retro

09-09 03:51 PM

but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.

gcisadawg

04-07 06:52 PM

Folks,

Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!

Regards, gcisadawg

gcwait2007

07-20 11:26 AM

Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.